Okla. Stat. tit. 11, § 11-17-115: Reverse auction bidding – Procedure – Public disclosure

- Remedies.

A. A municipality or any public trust of which the municipality

is beneficiary or any nonappropriated governmental agency or

instrumentality of the state is authorized to use a reverse auction

bidding procedure to obtain bids for the purchase of goods or

services of any type of kind. The reverse auction shall be a real-

time bidding process taking place at a previously scheduled time and

Internet location and for a previously established duration, in

which multiple suppliers, anonymous to each other, submit bids to

provide the goods or services. The reverse auction procedure may be

used as an alternative to any state law applicable to the purchase

of the goods or services.

B. The procedure shall provide:

1. A bid opening and bid closure. At the opening date and

time, the municipality or public trust shall begin accepting reverse

auction electronic bids. Reverse auction bids shall be accepted

until the bid closure, except as provided by paragraph 6 of this

subsection, unless the municipality or public trust determines it is

in the best interest of the municipality or public trust to extend

the closing time and notifies the reverse auction bidders of the

extended closing time by public announcement at the Internet

location at least fifteen (15) minutes prior to the original closing

time;

2. The posting of all reverse auction bids electronically and

updating of bids on a real-time basis by the municipality or public

trust;

3. The authorization for the municipality or public trust to

require bidders to register before the opening date and time and, as

part of that registration, require bidders to agree to any terms,

conditions or other requirements of the solicitation or applicable

acts;

4. The authorization for the municipality or public trust to

also require potential bidders to prequalify as bidders and to

restrict solicitations to prequalified online and reverse auction

bidders;

5. The retention of the authority of the municipality or public

trust to determine the criteria that will be used as the basis for

making awards; and

6. The authorization for the municipality or public trust to

determine it is in the best interest of the municipality or public

trust to allow it to accept an electronic bid after the specified

official closing date and time, in the event the municipality or

public trust determines that a significant error or event occurred

that affected the electronic receipt of any reverse auction bid by

the municipality or public trust.

C. All bids submitted electronically through the reverse

auction bidding process pursuant to this section are subject to the

same public disclosure laws that govern bids received pursuant to

any other law of this state governing procurement procedures for a

municipality or public trust.

D. All remedies available to the municipality or public trust

and suppliers through a bid process pursuant to any other law of

this state are also available to the municipality or public trust

reverse auction bidders in a reverse auction bidding process.